A Nairobi court has declined to review bail for Sammy Murigi Maina, the driver accused of causing a fatal crash involving a “manyoka” stunt matatu along Enterprise Road on June 3, ordering that he remain in custody until key prosecution witnesses testify.
Magistrate Paul Mutai ruled on October 28, 2026, that compelling reasons remained for denying Maina bail at this stage of the proceedings, as the prosecution faced concerns over delays in presenting witnesses.
During the latest hearing, only one witness appeared in court, prompting concerns over the slow progress of the trial. The court directed the prosecution to produce eyewitnesses and address allegations that the investigating officer was frustrating the proceedings.
The allegations against the investigating officer were raised by the victims, who called for the officer to appear in court and clarify the claims. The allegations are yet to be established.
Maina’s defence team had applied for a review of the bail decision, arguing that the accused was suffering while in custody. However, the magistrate declined to change the earlier ruling, maintaining that Maina would remain behind bars until key witnesses testify.
The case is scheduled to resume on November 9, when the prosecution is expected to present its witnesses.
Maina was charged at Milimani Law Courts on September 17, nearly three months after the June 3 crash that killed three passengers and injured two others. He denied the charges brought against him.
The prosecution alleges that Maina was driving an Isuzu minibus, registration number KDU 887C, operated by Risen Sacco, along Enterprise Road near KCB Bank at about 8pm when he lost control while negotiating a roundabout.
According to the charge sheet, the vehicle struck a kerb, overturned and landed across the road, killing three passengers at the scene.
Those named in the charge sheet as having died in the crash are Charles Brandy Wahome, Tamia Kalekye Nyambura and Edwin Kago. Eugene Ongundi and Dominic Mulwa were named in charges relating to bodily harm allegedly sustained in the incident.
Maina faces three counts of causing death by dangerous driving, contrary to Section 46 of the Traffic Act, Cap 403 of the Laws of Kenya. He also faces two counts of driving without due care and attention under Section 49(1), as well as a separate charge of operating an unroadworthy motor vehicle under Section 55(1), read together with Section 58(1).
The case has drawn attention to allegations that the matatu was involved in dangerous manoeuvres commonly known as “manyoka” shortly before the crash. The driving style, associated with aggressive swerving and stunts, has been cited in the prosecution’s case against Maina.
The prosecution has also cited alleged defects in the vehicle, including an obstructed emergency exit, reduced passenger headroom due to multimedia screens, modified passenger seats, unsecured power inverters in the driver’s cabin, dark reflective tint on passenger windows and a modified dashboard allegedly obstructing the driver’s view.
The separate unroadworthiness charge places the condition of the vehicle alongside the allegations about how it was driven at the time of the crash.
During the earlier bail proceedings, the prosecution opposed Maina’s release, citing concerns that he could evade trial and interfere with witnesses. The court subsequently ruled that he should remain in custody until key prosecution witnesses testify and also directed that he receive medical treatment while in remand.
The latest proceedings now place the focus on the prosecution’s ability to bring witnesses to court and move the case forward.
